United States of America v. State of California et al

Filing 167

[WITHDRAWN pursuant to 170 Notice] REPLY by United States of America to RESPONSE to 2 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Reuveni, Erez) Modified on 6/8/2018 (Donati, J). Modified on 6/11/2018 (Donati, J).

EXHIBIT H

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UNTIED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
- - - - - - - - - - - - - - -x
:
THE UNITED STATES OF
:
AMERICA,
:
:
Plaintiff,
:
:
vs.
: No. 18-264
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THE STATE OF CALIFORNIA;
:
EDMUND GERALD BROWN, JR.,
:
Governor of California, in
:
his Official Capacity;AND
:
XAVIER BECERRA, Attorney
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General of California, in
:
his Official Capacity,,
:
:
Defendants.
:
:
- - - - - - - - - - - - - - -x
VIDEOTAPED DEPOSITION OF:
TODD A. HOFFMAN
DATE:
TIME:
LOCATION:

REPORTED BY:

Thursday, April 12, 2018
9:23 a.m.
Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C.
Denise M. Brunet, RPR
Reporter/Notary

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A P P E A R A N C E S
On behalf of the Plaintiff:
EREZ REUVENI, ESQUIRE
LAUREN BINGHAM, ESQUIRE
U.S. Department of Justice
Civil Division
450 5th Street, Northwest
Washington, D.C.
20530
[phone]
[e-mail]
On behalf of the Defendants:
CHRISTINE CHUANG, ESQUIRE
State of California
Department of Justice
Bureau of Children's Justice
1515 Clay Street
Suite 2100
Oakland, California
94612
[phone]
christine.chuang.doj.ca.gov
LEE I. SHERMAN, ESQUIRE
CHEROKEE DM MELTON, ESQUIRE
SATOSHI YANAI, ESQUIRE
State of California
Department of Justice
300 S. Spring Street
Suite 1702
Los Angeles, California
90013
[phone]
[e-mail]

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ALSO PRESENT:

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Julie A.G. Koller
Louisa Slocum
Liana G.T. Wolf
Dan Reidy, Videographer

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C O N T E N T S
EXAMINATION BY:

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PAGE:

Counsel for Defendants

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HOFFMAN DEPOSITION EXHIBITS:

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Exh 9

PAGE:

Defendants' Notice of Videotaped

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*

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Deposition of Todd Hoffman
Exh 10

Supplemental Declaration of Todd Hoffman 14

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HOFFMAN CONFIDENTIAL DEPOSITION EXHIBITS:

*

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Exh 11

Immigration Detainer - Notice of Action

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Exh 12

Immigration Detainer - Notice of Action

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Exh 13

Record of Deportable/Inadmissible Alien

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Exh 14

Record of Deportable/Inadmissible Alien

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Exh 15

INS Secondary Referrals

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Exh 16

INS Secondary Referrals

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Exh 17

INS Secondary Referrals

96

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(*Exhibits attached to the transcript.)

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there a detainer that was placed on the file?

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A

I'm sure there was, yes.

I don't know

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if I have that information or not, but we would

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serve a detainer in that type of case.

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know we issued a detainer for this case.

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7

Q

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A

But those are not in the documents that

You did not give me those documents.

I

don't think you gave me the detainer with this
case.

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I

you were just reviewing, correct?

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Yeah.

Q

I would just represent for the record

that I'm just giving you the documents --

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A

Yes.

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Q

-- that were given to us today.

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So when did you receive -- or who
received this anonymous tip?

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A

I'm not sure who received the anonymous

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tip.

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assume that it was the information -- we put the

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contact number on the detainer and an individual

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made that call based on having that information to

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let us know that this individual is going to be

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released in the coming hours.

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I mean, again, in my experience, I can only

Q

So did the anonymous caller make the

call the same day as the date of release?

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A

I do not know.

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Q

Was the anonymous tip made to the field

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office?

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A

I don't know who received the anonymous

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tip.

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enforcement unit.

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number.

It typically wouldn't be to our field

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office.

If they use the number on the detainer,

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it would be to the actionable office.

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I imagine it would be our admissibility

Q

That should be the contact

And did someone in CBP eventually pick

up the individual?
A

Yes.

We waited in the parking lot.

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believe two officers had to wait in the parking

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lot for four to five hours or so until this

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I

individual was released.

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Q

And then once the individual went into

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CBP's custody, then this individual was returned

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to Mexico?

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A

Yes.

I'm sure we took him back to the

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port of entry and then completed the case file and

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then repatriated him back to Mexico.

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MR. SHERMAN:

I'm going to identify as

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Exhibit 14, also confidential, this document.

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this is Bates numbers 18 through 23.

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And

(Hoffman Confidential Deposition

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